[OSGeo Africa] RE: Google maps API - whats legal?

[Walter Smit]

Hi Grant

I have read that - but I don't think it applies to my case. As I explained -
I wont be uploading my data to Google, so there is no way for them to use it
in searches/Maps/Earth. I will be displaying my data (using my own
webserver) *on top of* whatever Google has. Think of it as a two different
layers - from two different systems.

If I was going to use Google to display my data (ie upload my data to their
servers) then the sections you mentioned would apply. And as you point out -
even then you can opt out of making your content searchable.

Thanks for the comments - as a colleague of mine would say "this is as clear
as mud" :-)

-----Original Message-----
From: africa-bounces at lists.osgeo.org [mailto:africa-bounces at lists.osgeo.org]
On Behalf Of Grant Slater
Sent: 24 August 2010 04:54 PM
To: Africa local chapter discussions
Subject: Re: [OSGeo Africa] RE: Google maps API - whats legal?

On 24 August 2010 15:16, Jeremiah Kamau <kamaujeremiah at google.com> wrote:
>
> From what I understand:
>
<snip>
>
> In any case, Google does not get your data hence it is not search-able on
Google Maps or even Google Search - no need to worry about this. Feel free
to go ahead and use the service.

No, I believe you are mistaken. Google is granted rights to use the
data including specifically search. See section 11.1 of the Terms of
Service: http://code.google.com/apis/maps/terms.html
-----
Licenses from You to Google:
Content License. Google claims no ownership over Your Content, and you
retain copyright and any other rights you already hold in Your
Content. By submitting, posting or displaying Your Content in the
Service, you give Google a perpetual, irrevocable, worldwide,
royalty-free, and non-exclusive license to reproduce, adapt, modify,
translate, publicly perform, publicly display and distribute Your
Content through the Service and as search results through Google
Services. This license is solely for the purpose of enabling Google to
operate the Service, to promote the Service (including through public
presentations), and to index and serve such content as search results
through Google Services. If you are unable or unwilling to provide
such a license to Your Content, please see the FAQ for information on
configuring your Maps API Implementation to opt out.
-----

Also there is a restriction on displaying live tracking information on
the map. See section 10.9.

Regards
 Grant
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